Md. Code Ann., Elec. Law § 11-304
Appeals relating to rejected absentee ballots
Effective Dec 14, 2022Added as Art. 33, § 11-303, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 11-303 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Renumbered as Election Law § 11-304 by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2023, c. 49, § 6.State of Maryland
- (a) A candidate or absentee voter aggrieved by the decision of a local board to reject, or not to reject, an absentee ballot shall have the right of appeal to the circuit court for the county.
- (b) The appeal must be filed within 5 days from the date of the completion of the official canvass by the board of all the votes cast at the election.
- (c) The appeal shall be heard de novo, without a jury, as soon as possible.
(d)
- (1) The decision of the circuit court may be appealed to the Appellate Court of Maryland, provided the appeal is taken within 48 hours from the entry of the decision of the circuit court.
- (2) The appeal shall be heard and decided on the original papers, including a written transcript of the testimony taken in the case.
- (3) The original papers and the transcript shall be transmitted to the Appellate Court of Maryland within 5 days from the taking of the appeal, and the appeal shall be heard as soon as possible.
Added as Art. 33, § 11-303, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Transferred to Election Law § 11-303 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Renumbered as Election Law § 11-304 by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2023, c. 49, § 6.
Formerly Art. 33, § 11-303.